81R6495 JRH-D
By: Jackson H.B. No. 1228
A BILL TO BE ENTITLED
AN ACT
relating to the rights of victims of property crimes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 56, Code of Criminal Procedure, is
amended by adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. PROPERTY CRIME VICTIMS' RIGHTS
Art. 56.21. DEFINITION. In this subchapter, "victim" means
a person who has suffered pecuniary loss due to a felony committed
in violation of Title 7, Penal Code.
Art. 56.22. PROPERTY CRIME VICTIMS' RIGHTS. (a) A victim
is entitled to the following rights within the criminal justice
system:
(1) the right, if requested, to be informed by the
attorney representing the state of relevant court proceedings,
including appellate proceedings, and to be informed if those
proceedings have been canceled or rescheduled before the event;
(2) the right to be informed, when requested, by a
peace officer concerning the defendant's right to bail and the
procedures in criminal investigations and by the office of the
attorney representing the state concerning the general procedures
in the criminal justice system, including general procedures in
guilty plea negotiations and arrangements, restitution, and the
appeals and parole process;
(3) the right to provide pertinent information to a
probation department conducting a presentencing investigation
concerning the impact of the offense on the victim and the victim's
family by testimony, written statement, or any other manner before
any sentencing of the defendant;
(4) the right to prompt return of any property of the
victim that is held by a law enforcement agency or the attorney
representing the state as evidence when the property is no longer
required for that purpose;
(5) the right to have the attorney representing the
state notify the employer of the victim, if requested, of the
necessity of the victim's cooperation and testimony in a proceeding
that may necessitate the absence of the victim from work for good
cause; and
(6) the right to express a preference to the attorney
representing the state concerning an appropriate sentence for the
defendant, including whether an order for restitution to the victim
would be appropriate.
(b) A victim is entitled to the right to be present at all
public court proceedings related to the offense, subject to the
approval of the judge in the case.
(c) The office of the attorney representing the state, and
the sheriff, police, and other law enforcement agencies shall
ensure to the extent practicable that a victim is afforded the
rights granted by Subsection (a) and, on request, an explanation of
those rights.
(d) A judge, attorney representing the state, peace
officer, or law enforcement agency is not liable for a failure or
inability to provide a right provided by this article. The failure
or inability of any person to provide a right or service provided by
this article may not be used by a defendant in a criminal case as a
ground for appeal, a ground to set aside the conviction or sentence,
or a ground in a habeas corpus petition. A victim does not have
standing to participate as a party in a criminal proceeding or to
contest the disposition of any charge.
Art. 56.23. NOTIFICATION. At the initial contact or at the
earliest possible time after the initial contact between the victim
and the law enforcement agency having the responsibility for
investigating the crime committed against the victim, that agency
shall provide the victim a written notice containing the rights of
property crime victims under Article 56.22.
SECTION 2. The changes in law made by this Act apply only to
a property crime reported on or after the effective date of this
Act. A property crime reported before the effective date of this
Act is governed by the law in effect on the date the crime is
reported, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.